A New York bill that would ban involuntary drug, cannabis, or alcohol testing of pregnant and postpartum individuals has advanced from the Senate Women’s Issues Committee to the Senate Health Committee.
New York State Capitol Building.
Senate Bill 845, originally filed in January by 22 Democratic senators, would prohibit health care professionals from conducting drug or alcohol tests on pregnant people or their newborns without prior written and oral informed consent. The legislation applies both to hospitals and non-hospital settings and includes provisions to ensure that individuals are informed of their rights, the purpose and risks of the testing, and the potential legal consequences of a positive result.
The bill includes narrow exceptions for medical emergencies where delay would endanger the life or health of the patient or newborn. It also prohibits healthcare providers from denying care or discriminating against individuals who decline to consent to such testing.
The measure is backed by a companion bill in the Assembly, Assembly Bill 860, which was also filed in January and has 36 Democratic sponsors. The Assembly version remains in committee.
If enacted, the proposal would represent one of the strongest consent-based protections in the country for pregnant and postpartum people facing drug and alcohol screening.
